SBA Form 750, Lender’s Loan Guaranty Agreement (Deferred Participation)
What Is SBA Form 750?
SBA Form 750, Lender’s Loan Guaranty Agreement (Deferred Participation) is a document signed by the lender and the Small Business Administration (SBA) where the SBA effectively guarantees a portion of a qualifying loan a lender makes by agreeing to buy an undivided interest in a defaulted loan. This agreement covers only loans duly approved for a guaranty by a lender and an SBA subject.
The latest version of the form was released by the SBA in October 1983 with all previous editions obsolete. An up-to-date SBA Form 750 fillable version is available for digital filing and download below:
The 7(a) loan program is a multisectoral business loan program administered as a “deferred participation” program. The lender initiates the loan for small business and if the SBA agrees to guarantee the loan, a lender funds and services the loan. If the loan goes into default, the lender conducts the liquidation or workout efforts and the lender and the SBA share in the loss, if there is any, in accordance with the percentage the SBA guarantees.
A financial institution that wishes to participate in the SBA 7(a) loan guaranty program must request to be a participant lender through the SBA field office serving the geographical area where the lender’s principal office is situated. Receiving a request from a financial institution, the SBA field office determines whether the lender meets the general requirements for a participating SBA lender. Once the SBA field office determines that the lender meets the requirements for a participating lender, the field office and the lender will sign this form or SBA Form 750B, Loan Guaranty Agreement (Deferred Participation) for Short Term Loans (loans with a maturity of 12 months or less). Once this form is executed, the SBA field office will add the lender to the SBA Partner Information Management System (PIMS) which identifies the lender as an SBA participating lender.
SBA Loan Guarantee Agreement
The lender must comply with the general requirements partly described in the Guaranty Agreement for the SBA to guaranty 7(a) loans. The authorization outlines particular requirements for each 7(a) loan. The lenders must close 7(a) loans in the same manner, in which they close non-SBA loans. The lenders bear responsibility for closings their loans properly, obtain and perfect the required lien positions, secure collateral, and meet other authorization requirements.
The SBA relies on representations in the loan application and the supporting documents in issuing the authorization. The SBA 750 Agreement requires the lender to:
- Comply with the SBA Loan Guaranty Agreement, SBA Form 750 (or SBA Form 750B for short-term loans) and any other required supplemental guaranty agreements between the lender and the SBA;
- Pay the guaranty fee in a timely manner;
- Comply with the current regulations and Standard Operating Procedures (SOPs);
- Have no evidence of an unremedied adverse change that would prevent disbursement;
- Satisfy all the conditions of the authorization;
- Make timely disbursement.